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IMPACT – MEDIUM What is the change? China has issued new rules for Short-Term Work Visas (Z Visas) for assignments lasting 90 days or less.
What does the change mean? While some will have to obtain the new visas, most business travelers will continue to be able to complete short-term work projects on M or F visas.
Background: In late 2014, authorities released a trial implementation regulation for a new Short-Term Work Visas application to solicit feedback from the public and immigration industry agents. New rules now make it clear which travelers will be required to obtain a Short-Term Work Visa and which can continue using their M or F visas.
Short-Term Work Visas will be required to attend athletic try-outs or auditions; shoot video or film, including commercials and documentaries; carry out fashion shows, including car shows and advertising photo shoots; participate in foreign commercial shows; or to accomplish technology, scientific research, management and supervision, etc. for cooperating parties in China.
Short-Term Work Visas will not be required for short-term work activities such as maintenance, installation and disassembly; supervising or inspecting a bid-winning project; completing work at company branches, subsidiaries or representative offices; or entering China for unpaid volunteer work or where volunteers are paid by an overseas institution.
Short-Term Work Visas may be able to be transferred into long-term work permits and residence permits so long as employment authorization requirements are met. It is important to note that the guidelines on Short-Term Work Visas only apply to foreigners who stay in China for 90 days or less in a calendar year. Those who stay longer must follow traditional work permit application processes.
BAL Analysis: Immigration authorities in China are still finalizing the implementation of the Short-Term Work Visa program, and the program is subject to change. For now, however, it is good news that most business travelers can continue to use M or F visas for short-term work projects in China. Requiring Short-Term Work Visas for athletes, artists, models and some others does mean it will take longer for certain people on short-term assignments to get the proper visa. However, most will not be affected by the change. BAL Shanghai will continue to closely monitor the new program and will provide additional information on the new program as needed.
This alert has been provided by the BAL Global Practice group in China. For additional information, please contact china@bal.com.
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IMPACT – MEDIUM
What is the change? Chinese authorities will clarify regulations regarding activities permitted by foreign nationals in China on M and F visas for fewer than 90 days.
What does the change mean? Foreigners entering China to stay for no longer than 90 days for specific activities may need to apply for a short-term Z visa and Work Permit.
Background: The authorities released a trial implementation regulation for a new short-term work visa application to solicit feedback from the public and immigration industry agents. A final version will be implemented Jan. 1. China’s related local authorities in different locations are currently in discussions and will advise further on application procedures for foreigners who fall under the short-term work permit category.
BAL Analysis: Under current regulations, the permitted activities of M visa and F visa travelers are not specified and have long been a controversial issue. The new regulation intends to classify foreigners’ activities for stays of no longer than 90 days into two categories: 1) M or F visa travelers and 2) short-term travelers performing specific work activities. BAL Shanghai is closely monitoring the discussions with local authorities and will provide confirmed information on the new regulations as soon as possible.
IMPACT – LOW
What is the change? Australia and China have completed negotiations for a China-Australia Free Trade Agreement.
What does the change mean? Although the “CHAFTA” will take some time to undergo domestic debate and legal approval, the trade agreement will provide greater access for nationals of each country for intracompany transfers, providers of contractual services, business visitors, and visas for investment projects.
Background: On 17 November, the two countries signed a declaration of intent at Parliament House in Canberra, Australia, concluding negotiations and formalising their objectives to move forward to implement the agreement.
The agreement, nicknamed CHAFTA, will generally reduce barriers to workers moving between the two countries, increase investment and trade and facilitate temporary entry procedures. According to a fact sheet provided by the Australian Government, each side has made the following provisions.
China will provide guaranteed access to Australian citizens and permanent residents in the following categories:
Australia will provide guaranteed access to Chinese citizens for the following categories:
The agreement also calls for expedited processing and transparency of the visa application requirements and procedures, and streamline licensing and skills recognition of workers.
A memorandum of understanding on Investment Facilitation Agreements will allow Chinese-owned companies to negotiate more flexible labour requirements for overseas workers for infrastructure projects of more than A$150 million. They will be negotiated on a case-by-case basis consistent with Australia’s 457 visa system.
BAL Analysis: The agreement will not take effect for some time, as each country must introduce legislation to implement it. In its current form, it represents liberalization of barriers across many categories of workers, business visitors and investors.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
MARN: 9683856
IMPACT – HIGH
What is the change? The Chinese Embassy in the U.S. has announced that as of Nov. 11 it is accepting applications for extended-validity visas agreed to in the recent reciprocal visa deal between the two countries.
What does the change mean? American citizens may now apply for certain business and tourist visas that are valid for 10 years and student visas that are valid for five years.
Background: President Barack Obama announced the two-way visa deal Monday at the Asia-Pacific Economic Cooperation summit in Beijing. The agreement provides that each country will extend the validity of visas for business travelers and tourists to 10 years and visas for students and exchange visitors to five years. Currently, those visas are generally valid for one year and require annual renewals.
The U.S. State Department announced that the new extended visas would be available to Chinese applicants beginning Nov. 12. The Chinese Embassy in the U.S. announced that as of Nov. 11 it would accept 10-year multiple entry visa applications for tourist, business, short-term visits to relatives and private matters and five-year multiple entry visa applications for study purposes. The eligibility and requirements remain the same as before, and the applicant’s passport should be valid for at least one year.
BAL Analysis: Both countries have moved quickly to implement the visa arrangement. The longer validity period removes a significant inconvenience by allowing business travelers, tourists and students to make multiple trips on the same visa over an extended period of time.
President Barack Obama announced Monday that the U.S. has reached a reciprocal agreement with China to ease visas for business visitors, tourists and students.
Obama revealed the visa deal in a speech at the Asia-Pacific Economic Cooperation summit in Beijing.
“I’m very pleased to announce that during my visit the United States and China have agreed to implement a new arrangement for visas that will benefit everyone from students to tourists to businesses large and small,” the President said.
Under the agreement, business visitors and tourist visas between the two countries will be good for 10 years and student and exchange visas will be extended to five years. Currently, visas are valid for one year.
Obama touted the deal as a benefit to business visitors “going back and forth all the time,” as well as a boost to jobs, trade, investment and tourism, noting that last year 1.8 million Chinese visitors to the U.S. contributed $21 billion to the American economy and supported more than 100,000 jobs.
“I’ve heard from American business leaders about how valuable this step will be,” Obama said. “And we’ve worked hard to achieve this outcome because it clearly serves the mutual interest of both of our countries.”
BAL Analysis: The arrangement will significantly improve visa procedures and facilitate travel between the two countries by eliminating the need for annual renewals for frequent travelers.
What is the change? Government and quasi-governmental employees in Beijing will be given a six-day furlough to reduce the number of cars on the road during the Asia-Pacific Economic Cooperation summit.
What does the change mean? All government offices, including the Beijing Labor Bureau, Exit-Entry Bureau, Public Security Bureau and Foreign Affairs Office, will be closed Nov. 7 – 12 and will open instead on Sunday, Nov. 2 and Saturday, Nov. 15.
Background: Beijing will host a series of APEC meetings Nov. 4 -11. To reduce traffic and smog, officials in the Chinese capital have instituted alternating odd-even license plate driving days and will increase public transportation.
BAL Analysis: Companies are urged to file as soon as possible and to plan for delays during the suspension in services.
What is the change? Chinese government offices will be closed Oct. 1-7 in observance of National Day.
What does the change mean? The closures will halt work permit processing for one week.
Background: Chinese National Day is celebrated for one week, including weekends, beginning Oct. 1. Hong Kong will observe two days of holidays, Oct. 1 for National Day and Oct. 2 for the Chung Yeung Festival.
BAL Analysis: Clients should plan ahead and submit time-sensitive filings as early as possible before the holiday break. Note that the Sunday before the holiday period, Sept. 28, and the Saturday following the holiday period, Oct. 11, are official working days.
What is the change? China has implemented polio inspections for travelers from nine countries.
What does the change mean? Travelers entering China from any of the specified countries, regardless of nationality, may be subject to on-the-spot checks for polio.
Background: The entry/exit quarantine bureaus in Beijing, Guangzhou and Shanghai have confirmed that they have implemented the policy issued Aug. 1 by the Administration of Inspection and Quarantine. The policy is being applied to all travelers from the nine countries, not only citizens of those countries. While the bureaus are not making it mandatory for these travelers to obtain an official polio vaccination certificate, travelers carrying such a certificate can likely avoid on-the-spot inspections upon arrival. Travelers suspected of having polio will be taken to the hospital for further examination.
BAL Analysis: Assignees traveling from the nine countries to China should obtain a polio vaccination certificate before traveling or at least be aware that they may be tested for polio upon landing in China.
What is the change? The Public Security Bureau in Xi’an has established a subsidiary that will process visa applications for companies in the high-tech industry.
What does the change mean? Starting July 1, foreign nationals working in legal entities registered at the high-tech industry district in Xi’an must submit all applications for visa and residence permits to the subsidiary office.
Background: Under the new No. 2 Administration Department of the Public Security Bureau in Xi’an, the processing times will be as follows:
All visas will be processed in three working days instead of the current seven days. Residence permits will be processed in five working days instead of 15 working days. Applicants may request expedited two-day processing for urgent business situations.
BAL Analysis: The creation of this new office is meant to streamline the visa process for high-tech sector workers.
What is the change? The Xi’an Labor Bureau now requires that work permit applicants appear for an interview when they file their applications.
What does the change mean? Applicants must be interviewed twice after entering Xi’an – once for their work permit application and again for their resident permit application.
Background: The Xi’an Labor Bureau has imposed the new requirement without notice and effective immediately. The Labor Bureau has not indicated any particular questions it will ask of an applicant, but will expect his or her personal appearance.
BAL Analysis: Companies and their assignees must make additional efforts to arrange this new personal filing appointment to avoid delay in the process.
This alert has been provided by the BAL Global Practice group in China. For additional information, please contact your BAL attorney.